Once a couple is separated, their superannuation (super) is treated as property under the Family Law Act 1975 (Cth) and the value of the couples’ super benefits will be taken into account when determining a property settlement. Laws regarding super…
Moving in Together: What It Means for De Facto Relationships
Just because a couple is living together it does not automatically mean they are in a de facto relationship. There are many different factors in determining whether two people are living in a de facto relationship, such as whether they…
Family Law Reform – What You Need to Know
The Australian Parliament has recently passed significant changes as part of the Family Law Reform system aimed at ensuring that the best interests of children are at the centre of all parenting decisions. These amendments aim to foster a more…
What Happens to a Family Business after a Couple Separates?
Divorce is almost always a difficult and disruptive life event. For couples who own a family business, what happens to a family business after a couple separates often becomes a central point of contention during divorce proceedings. In Australia, a…
Will Contests and Estate Disputes – an Overview
In Australia, legal avenues are available for individuals facing Will Contests and Estate Disputes. Although regrettable, such disputes are often unavoidable and sometimes essential to ensure fair outcomes. Understanding these legal processes and the reasons estate disputes arise can help…
First steps after separation – some practical considerations
The breakdown of a relationship, whether by choice or circumstance, can be complex and challenging. In Australia, the Family Law Act 1975 sets out the legal framework for divorce, the division of property and parenting arrangements after a relationship breaks…
Why it’s a bad idea to write your own Will
It is relatively easy to find a free Will template on the internet and fairly cheap to buy a Will “kit” from a newsagent or online. There are also websites that have “data collectors” that take your information and create…
Moving or Travelling with Children After Separation
Navigating the complexities of parenting arrangements after separation or divorce can be challenging, especially when it involves moving house or travelling with children. The Family Law Act 1975 (Cth) serves as the foundation for addressing issues related to the care…
The importance of financial advice in a family law property settlement
Most property settlements are reached through negotiation, without going to court. Negotiations can be formally documented through a binding financial agreement or consent orders. As a last resort, the parties may need to initiate court proceedings whereby orders will be…
How Mediation Can Help Resolve Your Family Law Matter
Mediation is a valuable and widely utilised method for resolving legal matters. This alternative form of dispute resolution is particularly valuable when it is desirable to maintain a relationship with the other party after the dispute, as is often the…